STAMMCO, L.L.C. v. UNITED TEL. CO. OF OHIO

No. 2008-1822.

125 Ohio St.3d 91 (2010)

2010-Ohio-1042

STAMMCO, L.L.C., D.B.A. THE POP SHOP, et al., Appellees, v. UNITED TELEPHONE COMPANY OF OHIO, D.B.A. SPRINT, et al., Appellants.

Supreme Court of Ohio.

Decided March 24, 2010.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., Dennis E. Murray Sr., and Donna J. Evans, for appellees.

Baker & Hostetler, L.L.P., Michael K. Farrell, Thomas D. Warren, Karl Fanter, and John B. Lewis, for appellants.

Aneel L. Chablani, Andrew D. Neuhauser, and Stanley A. Hirtle; Burdge Law Office Co., L.P.A., and Ronald L. Burdge; and Stephen Gardner, urging affirmance for amici curiae Advocates for Basic Legal Equality, Inc., and National Association of Consumer Advocates.

Linda S. Woggon, urging reversal for amicus curiae Ohio Chamber of Commerce.


LANZINGER, J.

{¶ 1} We accepted this discretionary appeal to consider two propositions concerning the definition of a class for purposes of a class action under Civ.R. 23. Appellants, United Telephone Company of Ohio and Sprint Nextel Corporation, ask us to hold that the trial court's class certification is improper under Civ.R. 23 and that the case cannot be maintained as a class action. Because the class definition does not allow the...

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